Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-9,11-13,15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over JPH10-101784 Machine Translation see page 2 lines 30-41, page 3 lines 1-28, page 4 lines 1-36; in view of JP2008-266359 Machine Translation see page 2 lines 10-14, 38-40; page 3 lines 34-44, page 4 lines 3-10, page 5 lines 1-3 and page 6 lines 1-30 page 7 lines 26-44.
With regard to claim 1 directed to the method for producing a regenerated polyester resin, comprising: the first step of mixing a polyester resin
(A) collected for recycling, a polycarboxylic acid (B), and a polyol (C) followed by depolymerizing and esterifying the polyester resin (A); and the second step of performing polycondensation of a reactant produced by the first step to form the regenerated polyester resin, wherein a content of the polyester resin (A) is from 5 parts by mass to 80 parts by mass with respect to 100 parts by mass of the regenerated polyester resin, the polycondensation in the second step is performed in the presence of an aluminum compound, and a content of the aluminum compound is from 5 ppm by mass to 100 ppm by mass on an aluminum element basis with respect to the reactant produced by the first step.
JPH10-101784 discloses mixing recycled PET scrap with terephthalic acid and ethylene glycol, depolymerizing and esterifying the scrap and then transferring the oligomer to a polycondensation reactor. See page 2 lines 30-41, page 3 lines 4-8, 25-28 and page 4 lines 1-13. The reference also discloses that the scrap may have about 30% by weight of the oligomer which is within the claimed range of 5-80 parts by masse. See page 3 lines 20-24.
However, JPH10-101784does not disclose conducting the polycondensation in the presence of the claimed amount of an aluminum compound.
JP2008-266359 discloses an aluminum compound as a polyester polycondensation catalyst. See page 3 lines 34-44, and page 6 lines 1-20. The reference discloses using 0.001-0,05mol% aluminum,. See page 7 lines 35-44. For the PET, the range corresponds to about 7-28 ppm aluminum and overlaps the claimed range of 5-100ppm.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the aluminum polycondensation catalyst of JP2008-266359 in the process of JPH10-101784 since JP2008-266359 discloses that the catalyst is suitable for polyester polycondensation with catalytic activity with reduced foreign matter and coloring. See page 25 lines 13-17 and page 26 lines 16-24 and 39-43.
With regard to claim 2 directed to the method for producing the regenerated polyester resin according to claim 1, wherein the polycondensation in the second step is performed with the presence of a phosphorus compound, and a content of the phosphorus compound is from 3 ppm by mass to 1000 ppm by mass on a phosphorus element basis with respect to the reactant.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since JPH10-101784 discloses adding 184g of trimethyl phosphate during polycondensation of approximately 2,000kg of polyester. See page 4 lines 23-37 which corresponds to about 20ppm of phosphorus and within the claimed range of 3-1,000ppm. JP2008-266359 discloses using phosphorus with the aluminum compound in the polyester polymerization catalyst. See page 2 lines 38-40, page 3 lines 34-40 and page 4 lines 3-10.
With regard to claim 3 directed to the method for producing the regenerated polyester resin according to claim 2, wherein the phosphorus compound is a compound having phosphorus element and phenolic structure in the same molecule.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since JP2008-266359 discloses using phosphorus-phenolic structures in Formulas 6,7 and 12.
With regard to claim 4 directed to the method for producing the regenerated polyester resin according to claim 1, wherein the polyester resin (A) has a dicarboxylic acid unit originating from an aromatic dicarboxylic acid and a diol unit originating from an alkylene glycol having 2 to 6 carbon atoms.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since JPH10-101784 discloses PET prepared from terephthalic acid, an aromatic dicarboxylic acid and ethylene glycol. See page 2 lines 37-41.
With regard to claim 5 directed to the method for producing the regenerated polyester resin according claim 1, wherein the polyester resin (A) comprises at least one element selected from the group consisting of antimony element, titanium element, and germanium element.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since JP2008-266359 discloses the use of antimony, germanium and titanium as main metal components of the catalyst and the skilled artisan would have understood that the collected PET scrap would contain residual Sb, Ge or Ti. See abstract and page 2 lines 15-33.
With regard to claim 6 directed to the method for producing the regenerated polyester resin according to claim 5, wherein the polyester resin (A) comprises at least one of the antimony element, the titanium element, and the germanium element with a total content from 2 ppm by mass to 500 ppm by mass.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since JP2008-266359 discloses the use of antimony, germanium and titanium as main metal components of the catalyst and the skilled artisan would have understood that the collected PET scrap would contain residual Sb, Ge or Ti. See abstract and page 2 lines 15-33.
With regard to claim 7 directed to the method for producing the regenerated polyester resin according to claim 2, wherein the polyester resin (A) has a dicarboxylic acid unit originating from an aromatic dicarboxylic acid and a diol unit originating from an alkylene glycol having 2 to 6 carbon atoms.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since JPH10-101784 discloses PET prepared from terephthalic acid, an aromatic dicarboxylic acid and ethylene glycol. See page 2 lines 37-41. Moreover, JPH10-101784 and JP2008-266359 together show conducting polycondensation in the presence of aluminum and phosphorus compounds. discloses
With regard to claim 8 directed to the method for producing the regenerated polyester resin according to claim 2, wherein the polyester resin (A) comprises at least one element selected from the group consisting of antimony element, titanium element, and germanium element.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since JP2008-266359 discloses the use of antimony, germanium and titanium as main metal components of the catalyst and the skilled artisan would have understood that the collected PET scrap would contain residual Sb, Ge or Ti. See abstract and page 2 lines 15-33..
With regard to claim 9 directed to the method for producing the regenerated polyester resin according to claim 1, wherein a content of the aluminum element in the regenerated polyester resin (D) is from 5 ppm by mass to 100 ppm by mass.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since JP2008-266359 discloses an aluminum content of 0.001-0.05mole% based on the carboxylic acid of the polyester. See page 7 lines 35-44. For the PET the preferred range corresponds to about 7-28ppm, aluminum which overlaps the claimed range of 5-100ppm.
With regard to claim 11 directed to the method for producing the regenerated polyester resin according to claim 1, wherein a content of the phosphorus element in the regenerated polyester resin (D) is from 3 ppm by mass to 1000 ppm by mass.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since JPH10-101784 discloses adding 184g of trimethyl phosphate to 2,000kg of polyester during polycondensation corresponding to about 20ppm phosphorus which is within the claimed range. See page 4 lines 23-37.JP2008-266359 discloses
With regard to claim 12 directed to the method for producing the regenerated polyester resin according to claim 1, wherein a mole ratio of the phosphorus element with respect to the aluminum element is from 0.60 to 5.00 in the regenerated polyester resin (D).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since JPH10-101784 discloses about 20ppm phosphorus. See page 4 lines 23-37.JP2008-266359 discloses 7-28 ppm aluminum. See page 7 lines 35-44.the phosphorus/aluminum mole ratio is approximately 0.63-2.53 and within the claimed range of 0.60-5.00.
With regard to claim 13 directed to the method for producing the regenerated polyester resin according to claim 2, wherein a content of the aluminum element in the regenerated polyester resin (D) is from 5 ppm by mass to 100 ppm by mass.
See claims 2 and 9 above.
With regard to claim 15 directed to the method for producing the regenerated polyester resin according to claim 2, wherein a content of the phosphorus element in the regenerated polyester resin (D) is from 3 ppm by mass to 1000 ppm by mass.
See claims 2 and 11 above.
With regard to claim 16 directed to the method for producing the regenerated polyester resin according to claim 2,wherein a mole ratio of the phosphorus element with respect to the aluminum element is from0.60 to 5.00 in the regenerated polyester resin (D).
See claims 12 and 15 above.
In conclusion, in view of the above, there appears to be no significant difference between the reference(s) and that which is claimed by applicant(s). Any differences not specifically mentioned appear to be conventional. Consequently, the claimed invention cannot be deemed as unobvious and accordingly is unpatentable.
Claim Objections
Claims 10 and 14 are objected to as being dependent upon a rejected base claim, but may be allowable if:
1) after a further search,
2) rewritten in independent form including all of the limitations of the base claim
and any intervening claims and
3) having corrected all 112 issues as set forth above.
Information Disclosure Statement
Note that any future and/or present information disclosure statements must comply with 37 CFR § 1.98(b), which requires a list of the publications to include: the author (if any), title, relevant pages of the publication, date and place of publication to be submitted for consideration by the Office.
Improper Claim Dependency
Prior to allowance, any dependent claims should be rechecked for proper dependency if independent claims are cancelled.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRESSA M BOYKIN whose telephone number is (571)272-1069. The examiner can normally be reached M-F 7-5:30.
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/Terressa Boykin/Primary Examiner, Art Unit 1765
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